Legislature(2023 - 2024)
2024-03-20 House Journal
Full Journal pdf2024-03-20 House Journal Page 1913 HB 316 The following, which was held in second reading from the March 18 calendar (page 1850), was before the House: CS FOR HOUSE BILL NO. 316(STA) am "An Act relating to law enforcement requests for wireless device location information in emergencies; and providing for an effective date." Amendment No. 4 was offered by Representative Eastman: Page 1, line 11, following "harm": Insert "and the individual has not requested to opt out of disclosure of information about the location of the device under (f) of this section" Page 2, following line 10: Insert a new subsection to read: "(f) An individual in possession of a wireless device may request that information about the current or most recent location of the wireless device not be disclosed to a law enforcement 2024-03-20 House Journal Page 1914 agency under this section. A wireless carrier authorized to do business in the state shall establish a convenient electronic method for an individual in possession of a wireless device to make a request under this subsection. A wireless carrier may not report the location of a wireless device to a law enforcement agency if the individual in possession of the device has requested to opt out of disclosure under this subsection." Reletter the following subsections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative C. Johnson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 4 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carpenter, Coulombe, Eastman, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Prax, Rauscher, Tomaszewski Nays: Allard, Baker, Carrick, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 1, line 11, following "harm.": Insert "The law enforcement agency may not knowingly provide information obtained under this section to a third party unless the law enforcement agency first determines that the third party is assisting in the response to the ongoing emergency." 2024-03-20 House Journal Page 1915 Page 2, line 10, following "center.": Insert "The law enforcement agency or emergency communications center may not knowingly provide information obtained under this subsection to a third party unless the law enforcement agency or emergency communications center first determines that the third party is assisting in the response to the ongoing emergency." Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative C. Johnson objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 5 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carpenter, Carrick, Coulombe, Eastman, Galvin, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Rauscher, Ruffridge, Schrage, Story, Stutes Nays: Allard, Baker, Cronk, Dibert, Edgmon, Fields, Foster, Gray, Groh, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Eastman: Page 2, line 16: Delete all material and insert: "(3) "law enforcement agency" means a state or municipal agency that performs as one of the agency's principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law; "law enforcement agency" does not include a court;" Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. 2024-03-20 House Journal Page 1916 Representative C. Johnson objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 6 YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, Eastman, Rauscher Nays: Allard, Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Eastman: Page 1, line 2, following "emergencies;" (title amendment): Insert "relating to interference with constitutional rights; relating to certification as a police officer, emergency medical dispatcher, municipal correctional, correctional, probation, or parole officer; relating to employment in an emergency communications center or a law enforcement agency;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 11.76.110(a) is amended to read: (a) A person commits the crime of interference with constitutional rights if (1) the person injures, oppresses, threatens, or intimidates another person with intent to deprive that person of a right, privilege, or immunity in fact granted by the constitution or laws of this state; (2) the person intentionally injures, oppresses, threatens, or intimidates another person because that person has exercised or enjoyed a right, privilege, or immunity in fact granted by the constitution or laws of this state; [OR] 2024-03-20 House Journal Page 1917 (3) under color of law, ordinance, or regulation of this state or a municipality or other political subdivision of this state, the person intentionally deprives another of a right, privilege, or immunity in fact granted by the constitution or laws of this state; or (4) the person requests, or contacts a law enforcement agency to have the law enforcement agency request on the person's behalf, the location of a wireless device from a wireless carrier under AS 42.20.400 without a reasonable basis to believe that the device is in the possession of an individual who is in an ongoing emergency that involves the risk of death or serious physical harm. * Sec. 2. AS 18.08.082 is amended by adding a new subsection to read: (d) The department may deny or revoke a certificate of an emergency medical dispatcher who has been convicted of, pled guilty to, or entered a plea of no contest to a violation of AS 11.76.110(a)(4). * Sec. 3. AS 18.08 is amended by adding a new section to read: Sec. 18.08.092. Employment of certain persons in an emergency communications center prohibited. A person may not be employed by an emergency communications center if the person has been convicted of, pled guilty to, or entered a plea of no contest to a violation of AS 11.76.110(a)(4). In this section, "emergency communications center" has the meaning given in AS 11.56.785(b). * Sec. 4. AS 18.65.240(c) is amended to read: (c) The council may deny or revoke the certificate of a police officer who does not meet the standards adopted under (a)(2) of this section or who has been convicted of, pled guilty to, or entered a plea of no contest to a violation of AS 11.76.110(a)(4). * Sec. 5. AS 18.65.245 is amended to read: Sec. 18.65.245. Denial or revocation of certificate of municipal correctional, correctional, probation, or parole officer. The council may (1) deny a certificate to an applicant for a municipal correctional, correctional, probation, or parole officer certificate if the applicant does not meet the standards adopted by the council under AS 18.65.242(a) or has been convicted of, pled guilty to, 2024-03-20 House Journal Page 1918 or entered a plea of no contest to a violation of AS 11.76.110(a)(4); (2) revoke the certificate of a municipal correctional, correctional, probation, or parole officer who, having been issued a certificate, fails to meet the standards adopted by the council under AS 18.65.242(a) or has been convicted of, pled guilty to, or entered a plea of no contest to a violation of AS 11.76.110(a)(4). * Sec. 6. AS 18.65 is amended by adding a new section to read: Article 14. Employment By Certain Persons In a Law Enforcement Agency Prohibited. Sec. 18.65.920. Employment by certain persons in a law enforcement agency. A person may not be employed by a law enforcement agency if the person has been convicted of, pled guilty to, or entered a plea of no contest to a violation of AS 11.76.110(a)(4). In this section, "law enforcement agency" has the meaning given in AS 12.36.090." Page 1, line 4: Delete "Section 1" Insert "Sec. 7" Renumber the following bill section accordingly. Page 2, following line 20: Insert a new bill section to read: "* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. (a) AS 11.76.110(a), as amended by sec. 1 of this Act, applies to offenses committed on or after the effective date of this Act. (b) AS 18.08.082(d), added by sec. 2 of this Act, AS 18.08.092, added by sec. 3 of this Act, AS 18.65.240(c), as amended by sec. 4 of this Act, AS 18.65.245, as amended by sec. 5 of this Act, and AS 18.65.920, added by sec. 6 of this Act, apply to collective bargaining agreements and contracts entered into on or after the effective dates of secs. 2 - 6 of this Act." Renumber the following bill section accordingly. 2024-03-20 House Journal Page 1919 Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative McCabe objected and moved and asked unanimous consent to table Amendment No. 7. There was objection. The question being: "Shall Amendment No. 7 be tabled?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 7/Table YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Vance, Wright Nays: Allard, Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Rauscher, Schrage, Story, Stutes, Tomaszewski And so, Amendment No. 7 was not tabled. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Amendment No. 8 was offered by Representative Eastman: Page 2, following line 10: Insert a new subsection to read: "(f) A law enforcement agency that requests the location of a wireless device under this section shall annually prepare a report and shall, before the start of the regular legislative session, deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report must include (1) the number of times the agency requested the location of a wireless device under this section; and 2024-03-20 House Journal Page 1920 (2) for each request, whether (A) the law enforcement agency was successful in obtaining the requested information; (B) the person in possession of the device was determined to be experiencing an actual ongoing emergency at or near the time the request for the location of the device was made; and (C) the information obtained aided in assisting a person experiencing an ongoing emergency." Reletter the following subsections accordingly. Page 2, following line 20: Insert a new bill section to read: "* Sec. 2. AS 42.20.400(f) is repealed January 1, 2030." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Ruffridge objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 8 YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Coulombe, Eastman, Josephson Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 8 was not adopted. 2024-03-20 House Journal Page 1921 Amendment No. 9 was offered by Representative Eastman: Page 2, following line 2: Insert a new subsection to read: "(d) A wireless carrier that receives a request to provide the location of a wireless device to a law enforcement agency under (a) of this section shall notify the owner of the wireless device of the request as soon as practicable and inform the owner whether information about the location of the device was provided to the law enforcement agency. If the wireless carrier does not notify the owner of the device within 45 days after the request is made, the individual who possessed the wireless device when the request was made may bring an action against the wireless carrier. A wireless carrier that violates this subsection is subject to a civil penalty of not more than $25,000. The court may award an individual bringing an action under this section costs and full reasonable attorney fees." Reletter the following subsections accordingly. Page 2, line 8: Delete "(d)" Insert "(e)" Representative Eastman moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Vance objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 9 YEAS: 4 NAYS: 36 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Rauscher, Sumner, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Tilton, Vance, Wright 2024-03-20 House Journal Page 1922 And so, Amendment No. 9 was not adopted. Amendment No. 10 was not offered. Amendment No. 11 was offered by Representative Eastman: Page 2, following line 10: Insert new subsections to read: "(f) A law enforcement agency or emergency communications center may request information from a wireless carrier under this section only if a designated person within the law enforcement agency or emergency communications center approves the request. Each law enforcement agency and emergency communications center shall designate at least one person within the law enforcement agency or emergency communications center as a person authorized to approve a request under this subsection. (g) Each law enforcement agency and emergency communications center shall establish standards and procedures for the implementation of this section. The standards and procedures must, at a minimum, provide for designation of at least one person within the law enforcement agency or emergency communications center as a person who has authority to approve a request under (f) of this section." Reletter the following subsections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Gray objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 11. There being no objection, it was so ordered. Amendment Nos. 12, 13, 14, and 15 were not offered. Amendment No. 16 was offered by Representative Eastman: Page 2, following line 15: Insert a new paragraph to read: 2024-03-20 House Journal Page 1923 "(3) "emergency that involves the risk of death or serious physical harm" does not include an individual's lack of immunization;" Renumber the following paragraphs accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 16 be adopted. Representative C. Johnson objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 16. There was objection. The question being: "Shall Amendment No. 16 be withdrawn?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 16/Withdraw YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Galvin, Groh, Hannan, Himschoot, McCormick, Mears, Mina, Ortiz, Rauscher, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Fields, Foster, Gray, C.Johnson, D.Johnson, Josephson, McCabe, McKay, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 16 was not withdrawn. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 16 2024-03-20 House Journal Page 1924 YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Eastman Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 16 was not adopted. Amendment Nos. 17, 18, and 19 were not offered. Amendment No. 20 was offered by Representative Vance: Page 1, line 6, following "the": Insert "written" Page 1, line 7, following "request": Insert ", in either physical or electronic form," Page 2, line 11, following "section": Insert ", including regulations that (1) establish criteria for a law enforcement agency to apply in establishing the minimum qualifications for an individual within the agency authorized to request the location of a wireless device under (a) of this section, taking into consideration diversity between geographic locations and law enforcement agencies; (2) set reasonable limits on the use of the location of a wireless device provided under (a) of this section; and (3) provide for the maintenance of records to preserve relevant facts surrounding a request under (a) of this section" Representative Vance moved and asked unanimous consent that Amendment No. 20 be adopted. There was objection. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: 2024-03-20 House Journal Page 1925 CSHB 316(STA) am Second Reading Amendment No. 20 YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman, Edgmon, Fields, Hannan, Josephson, Mears, Ortiz, Stapp And so, Amendment No. 20 was adopted. Amendment No. 21 was offered by Representative C. Johnson: Page 1, line 6, following "the": Insert "written" Page 1, line 7, following "request": Insert ", in either physical or electronic form," Page 1, following line 11: Insert a new subsection to read: "(b) An individual may only request the location of a wireless device on behalf of a law enforcement agency while the individual is acting in an official capacity and responding to the ongoing emergency. An individual who violates this subsection is guilty of a class A misdemeanor." Reletter the following subsections accordingly. Page 2, line 8: Delete "(d)" Insert "(e)" Page 2, line 16: Delete all material and insert: "(3) "law enforcement agency" means an agency of the 2024-03-20 House Journal Page 1926 state or a political subdivision of the state or of an Alaska Native organization as defined in AS 18.65.688 that performs as one of the agency's principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law; "law enforcement agency" does not include a court;" Representative C. Johnson moved and asked unanimous consent that Amendment No. 21 be adopted. There was objection. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 21 YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman And so, Amendment No. 21 was adopted. Amendment No. 13 was offered by Representative Eastman: Page 1, following line 11: Insert a new subsection to read: "(b) A law enforcement agency or emergency communications center may not request or facilitate a request for the location of a wireless device under (a) of this section if the law enforcement agency or emergency communications center believes the individual in possession of the device is currently the subject of a criminal investigation." 2024-03-20 House Journal Page 1927 Reletter the following subsections accordingly. Page 2, line 8: Delete "(d)" Insert "(e)" Representative Eastman moved and asked unanimous consent that Amendment No. 13 be adopted. Representative C. Johnson objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 13 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Carrick, Eastman, Galvin, Groh, Hannan, Himschoot, Josephson, Ortiz, Rauscher, Schrage, Story, Stutes Nays: Allard, Armstrong, Baker, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Gray, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 13 was not adopted. Amendment No. 15 was offered by Representative Eastman: Page 1, line 9: Delete "a reasonable basis" Insert "probable cause" Page 2, following line 16: Insert a new paragraph to read: "(4) "probable cause" means a determination based on a preponderance of evidence;" Renumber the following paragraphs accordingly. 2024-03-20 House Journal Page 1928 Representative Eastman moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Allard objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 316(STA) am Second Reading Amendment No. 15 YEAS: 2 NAYS: 38 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Rauscher Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 15 was not adopted. Representative Saddler moved and asked unanimous consent that CSHB 316(STA) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 316(STA) am will advance to third reading on tomorrow's calendar.